Contact a qualified real estate attorney to help you navigate any landlord-tenant issues. Did Illegal Rental Units and California Unlawful Detainer Law New California law prohibits residential evictions based on the non-payment of rent and other fees due between Mar. "This new law protects tenants from eviction for non-payment of rent and helps keep homeowners out of . "@type": "Answer", It reads as follows: The Legislature hereby finds that during a state of emergency or local emergency, including, but not limited to, an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, pandemic or epidemic disease outbreak, or other natural or manmade disaster, some merchants have taken unfair advantage of consumers by greatly increasing prices for essential consumer goods and services. "image": [ "text":"If the eviction is in any way unlawful, you may file a lawsuit against your landlord. revocation, denial, suspension, or censorship, of a professional license or professional occupational license), denial of entry into the military (or discharge), court fines, fees, insurance rate hikes, loss of a business license, property forfeiture, reputation damage, future and contemporaneous violations of probation or parole, harsh probation terms, retraining orders, civil lawsuits, and more. The state forbids landlords from taking the law into their own hands. Plus, the statute does not give you the right to stay. One of the main damages in a wrongful eviction lawsuit is the rent differential. Submit your case to start resolving your legal issue. The state statute also provides for your attorneys fees, court costs, and gives you the right to stay. New California and Federal Moratoria on Evictions Based on Non-payment And, evicting a tenant as a result of discrimination is illegal. There may be criminal issues that arise from an eviction such as illegal activities by the tenant or harassment by a landlord. In most cases, this can be done with or without reason, unless the property is regulated by rent control ordinance. The short answer is yes. Illegal Lockouts And Service Termination - Civil Law Self-Help Center Californias families are facing a housing affordability crisis at levels never seen before, Bonta said. Illegal Evictions Can Get You in Trouble for Landlord Harassment The issue has inspired some cities including Concord, which passed its ordinance in June to adopt new laws that explicitly prohibit landlords from harassing tenants. The tenant can respond to the complaint with an "answer" within the time specified on the summons. "description": "The experts at Rental Choice explain what an illegal eviction is and what tenants can do about it." Some state statutes even give tenants the right to stay. How to Sue for an Illegal Eviction (with Pictures) - wikiHow Thus, it is imperative that you check your own state laws to see how much you can sue your landlord for. ", When a landlord wants to evict a tenant, they must go through a legal procedure as outlined by state laws. The eviction process involves several steps which take time and can be expensive. { However,tenantsmust prove retaliationwhen they exercise rights or join a protected organization. Wednesday - counted as day # 2. She holds a J.D. The law of Penal Code section 396 begins with sort of a preamble related to the reasons for the existence of the law itself. Eviction cases in California. "@type": "Answer", Code of Civil Procedure Section 1161 is the statutory basis for an Unlawful Detainer case in California is based on a Three Day Notice to Pay Rent or Quit. The tenant must cure the violation or r vacate the premises within the specified time. In addition, per PC 396(i), a violation of PC 396(f) is considered unlawful business practice and an act of unfair competition (PC 17200), which could lead to penalties and punishments related to the defendants business (i.e. If the tenant fails to vacate the property within the time specified, the law enforcement official may physically remove the tenant. Common violations include illegal grounds for eviction, failure to . Housing | They must still go through the eviction process. In California, for instance, you can sue for actual damages in addition to $100 per day of violation with a $250 minimum. Code 1980 et seq.] They can also represent you during any court proceedings, present defenses and fight for the best outcome. As with just about any criminal conviction, there are penalties and punishments beyond actual jail. This can be as much as two to three times larger than your economic damages, though it depends on where you live. Written reports about health or safety violations. For example, if you complained about an issue with the unit, your landlord cant force you out just because they are mad that you brought it up. The tenant may answer with a denial of the allegations or provide a defense. In California, there are only a few scenarios where renters are allowed to break their lease early without a landlord's agreement. "@type": "Answer", Although self-help evictions are illegal in all but two states, only four states consider them to be criminal acts. Philip Shakhnis is an eviction attorney in Los Angeles who has tried over 50 eviction trials and has successfully settled numerous others.